Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30419 of 2024 Arising Out of PS. Case No.-21 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Rajan Kumar Son of Bahadur Sah Village- Chanidih P.O.- Sonwal, Police Station -Paharpur District -East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP For the Informant :

Mr.Umesh Kumar Gupta, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

Petitioner is apprehending his arrest in connection with Bettiah Town P.S. Case No.21 of 2018, registered for the offence punishable u/s 406, 420 of the IPC and section 138 of the N.I. Act.

3.

As per the prosecution case, the informant had given Rs.Three Lakhs to the petitioner for purchasing materials required for construction of the house but the accused delayed purchasing the required materials and when the informant asked to return the money, he gave a cheque to the informant which got dishonored due to insufficient fund.

4.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.30419 of 2024(3) dt.25-09-2024 2/3 petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. It is submitted that the informant has not disclosed as by what mode, he had given Rs.Three Lakhs to the informant and in fact, no amount has been given to the petitioner. It is further submitted that the informant has used the cheque, which was given by the petitioner as security. Petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that the petitioner is a Contractor and the informant paid him the aforesaid amount for purchasing materials required for construction of the house but the said materials were not purchased and on demanding the money back, such cheque was provided, which got dishonored. There is specific allegation against the petitioner.

6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the

Patna High Court CR. MISC. No.30419 of 2024(3) dt.25-09-2024 3/3 learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, in accordance with law, without being prejudiced of the dismissal of the present anticipatory bail application. (Anjani Kumar Sharan, J) pallavi/- U T